Document Type : Research/Original/Regular Article
Authors
1 assistant prof
2 Professor, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
Abstract
Islamisthefirstanduniqueprogressivereligionamong others that regulated war situation and laid out a Humanitarian system for it and preferred some kind of relevant rights for them. The prophet of Islam (peace be upon him) is a global character that deducted and stated fair and justly rights comprehensively and observed them in thorax of Islam, also recognized them the right of life. P.O.W’s own known rights in the Islamic Jihad system that throws beyond the Geneva’s prescribed conventions. In Quran, Captivating the enemy’s combatants, in case of trade and mishaps’ purposes of prisoners of war has been considered counter to religious dignity and the mission of the prophets and if occurred in order to debilitate the enemy and enforcing the other part to surrender, of course it will be permissive and allowed according to Humanitarian objectives.
In the current paper, we are supposed to apply recognition and reconsideration of the advanced and progressive regulations held in the holy verses of Quran also what have been mentioned in the biography of Islamic sacred prophet and all other innocent later Imams (peace be upon them) by an analytical-descriptive method with regard to heeding the prisoners’ of war in theory and practice. Because, respect to enemy is one of requirements and obligations in this way; the Islamic mobin religion has established the principles of its rulings on munificence and gentility of human beings and commented protection of freedom also legitimate rights of humans as a confirmed principle, hence humans whatsoever captive or free, enjoy legitimate laws in which has to be obeyed.
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